The plaintiff in Grant v. Equifax Canada Co advanced a quite clever, but entirely incorrect argument that the Limitations Act applies to the Consumer Reporting Act, which we wrote about here. The Court of Appeal upheld the motion judge’s decision rejecting the argument: [5] The… Continue Reading
A lawyer’s letter stating that her plaintiff client has sustained permanent injuries is not, in the context of motor vehicle accident litigation, determinative of whether the plaintiff has discovered her claim within the meaning of the Limitations Act. The plaintiff… Continue Reading
In Unegbu v. WFG Securities of Canada, the Court of Appeal reminds us that ignorance of the law won’t stop the limitation period from running: [4] […] It is well-established that a lack of appreciation of the legal significance of the… Continue Reading
In upholding the decision in Chelli-Greco v. Rizk, which we wrote about here, the Court of Appeal described when discovery of a claim occurs: [3] Under s. 5 (1)(a) of the Act, a claim is discovered on the date… Continue Reading
The decision in Najafi v. Shapiro provides a teachable moment. The decision implies that the precondition for the application of section 5 of the Limitations Act is the plaintiff raising discoverability: [35] The moving defendants rely upon… Continue Reading
Justice Newbould’s decision in John C. Chapling v. First Associates Investments Inc. et al. provides a useful summary of the limitation of actions under the section 38 of the Trustee Act: [10] First Associates relies on the… Continue Reading
Section 13(1) of the Limitations Act applies to acknowledgments of liability: Acknowledgments 13. (1) If a person acknowledges liability in respect of a claim for payment of a liquidated sum, the recovery of personal property, the enforcement of a charge on… Continue Reading
Section 18 of the Limitations Act provides when the limitation period for a claim for contribution and indemnity commences: Contribution and indemnity 18. (1) For the purposes of subsection 5 (2) and section 15, in the case of a claim… Continue Reading
In J.K. v. The Korea Times & Hankookilbo Ltd. (The Korea Times Daily), the Court of Appeal held that a plaintiff will satisfy the notice provision in section 5(1) the Libel and Slander Act by giving notice which conveys the essence of… Continue Reading
Justice Akhtar’s decision in Sorita v. TTC provides a helpful summary of the interaction between the Limitations Act and the statutory threshold in s. 267.5 of the Insurance Act: [26] As noted earlier, Ontario’s restriction on motor vehicle accident… Continue Reading